Bad Boiler

[nruane]

New Jerey

I am in the process of purchasing a home which I had requested some repairs and action be taken for inspection issues I had found. After battling back and fourth the sellers finally gave in and performed my requests. The one I am concerned about is as follows: I had requested the sellers hire a company to service and clean the A/C unit and boiler. It had never been done and both units are 22 years of age. They did call in a reputable company do provide the service and after all was said and done it turns out that the boiler needed to be shutdown by the emergency shut off switch because the fire box was severely cracked and a minor gas leak was found plus an expansion tank needed to be replaced. Total costs to repair the unit not replace are approx. $1,200.00. We requested the credit and they declined. Mind you they did not disclose this information to us only stated that the boiler needed a minor repair which would cost around $500.00. Because of the problems and issues we had with these people in the past I felt that they had not been telling us the truth therefore found out who serviced the units and investigated on my own. In doing so I found out the full extent of the problem and when they had been confronted about it they stated that the real estate agent told us the seller_s agent, never did she tell us or our realtor or at least that is what she said.

My question is two fold, is it legal to sell a home which is a liability due to combustible hazards? Is it legal for the seller_s real estate agent as well as sellers to sell this home with out a working boiler when the home is not being sold as is?

Any advice would be greatly appreciated. Thank you!!

[danno6925]

I would ask your agent for the signed and dated disclosure in which you recognized what she/he was telling you about the furnace. If it was disclosed, looks like you're buying a new furnace too.

is it legal to sell a home which is a liability due to combustible hazards?

Not likely. If the furnace needs to be shutoff via the emergency switch everytime you use it, that's probably a no-no in someone's book.

Is it legal for the seller_s real estate agent as well as sellers to sell this home with out a working boiler when the home is not being sold as is?

Anything is legal if you don't get caught. I would be discussing this issue with my realtor, the listing realtor's supervisor, and my new attorney.